Lubrano v. Atlantic Mills

This action is brought to recover for the pain and expense arising from injuries to the plaintiff’s intestate before his death which resulted therefrom. The defendant pleads a judgment in its favor in a suit by the plaintiff in the same cause of action. The plaintiff replies that the former action was brought by him as trustee for the next of kin of the deceased and in a different right from that involved in this action, which is for the benefit of the estate. To this replication the defendant demurs. The question therefore is whether, under our statutes, an administrator lias the right to…